Tobacco and Smoke-free Legislation
Tobacco legislation is an important and cost-effective approach to tobacco control in NSW. It also complements other tobacco control activities such as education campaigns and cessation programs, and in doing so challenges the acceptability of smoking as a social norm.
In NSW, there are several pieces of legislation relating to tobacco control:
- The Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2007 ban smoking in enclosed public places.
- The Public Health Act 1991 and the Public Health (Tobacco) Regulation 1999 prohibit advertising of tobacco products as well as regulating how tobacco products can be displayed at point of sale.
- The Public Health Act 1991 prohibits the sale of tobacco and non-tobacco products to anyone under the age of 18 years (sales to minors).
- The Public Health Act 1991 prohibits tobacco-related promotions, sponsorships, competitions and offers of free samples of tobacco. This Act also bans the sale of single cigarettes as well as the sale of loose tobacco and tobacco products in packets that do not display the prescribed health warnings.
Tobacco legislation puts NSW in a good position to:
- Reduce community exposure to environmental tobacco smoke in enclosed public places
- Reduce the marketing, advertising and promotion of tobacco products and tobacco brands
- Discourage non-smokers from smoking
- Limit young people's opportunities to take up smoking.
Environmental Health Officers in Public Health Units across NSW are authorised as inspectors to enforce tobacco legislation. These officers monitor compliance, investigate complaints and conduct inspections.
If you observe a breach of tobacco control legislation we encourage you to contact
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your local Public Health Unit or send us an email.
